High Court of Gujarat
FIROZBHAI AMIBHAI GHANCHIversusTATA A.I.G INSURANCE COMPANY LTD,
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The petition is dismissed as withdrawn because the High Court lacks jurisdiction; the petitioner may approach the National Consumer Disputes Redressal Commission.
Summary
Firozbhai Amibhai Ghanchi challenged a State Consumer Disputes Redressal Commission order that refused to condone a 472‑day delay in filing an appeal. Believing the High Court was the proper forum, he filed a special civil application seeking relief. The Court observed that the petition was filed in the wrong forum, albeit in good faith, and directed that the petitioner may approach the National Consumer Disputes Redressal Commission with the same facts. No merits of the original consumer dispute were examined. Consequently, the petition was disposed of as withdrawn.
Issues considered
- Whether the High Court of Gujarat has jurisdiction to entertain the petition filed under the impression that it was maintainable before this Court.
- Whether the petitioner may withdraw the petition and approach the appropriate forum, i.e., the National Consumer Disputes Redressal Commission.
Subjects
- jurisdiction
- consumer law
- withdrawal of petition
- wrong forum
- condonation of delay
- National Consumer Disputes Redressal Commission
Judgment
C/SCA/8124/2026 ORDER DATED: 06/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8124 of 2026
==========================================================
FIROZBHAI AMIBHAI GHANCHI
Versus
TATA A.I.G INSURANCE COMPANY LTD,
==========================================================
Appearance:
MS KOMAL K TRIVEDI(12176) for the Petitioner(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 06/07/2026
ORDER
1. Learned advocate Mr. Kumar H. Trivedi, at the outset,
submits that the petitioner has challenged the order dated
18.03.2026 passed by the State Consumer Disputes Redressal
Commission in Miscellaneous Application No. 564 of 2025
before the wrong forum, i.e. this Court. He submits that, by
the impugned order, the Commission has refused to condone
the delay of 472 days in preferring the appeal and, therefore,
the petitioner is required to approach the National Consumer
Disputes Redressal Commission.
2. Under the instructions of the petitioner, learned advocate
Mr. Kumar H. Trivedi seeks permission to withdraw the
present petition with a view to approaching the National
Consumer Disputes Redressal Commission. He, however,
Page 1 of 2
C/SCA/8124/2026 ORDER DATED: 06/07/2026
requests that this Court may observe that the petitioner had
approached this Court under the bona fide impression that the
present petition was maintainable before this Court and,
therefore, had approached the wrong forum. He further
submits that the National Commission may be permitted to
consider the aforesaid aspect while dealing with the petitioner's
application challenging the impugned order.
3. Needless to state that the petitioner has approached the
wrong forum and, prima facie, it appears that the same was
done under a bona fide act on the part of the petitioner.
Therefore, if any proceedings are initiated before the
appropriate forum, it will be open for the petitioner to place
the aforesaid facts before such forum. The appropriate forum
shall consider the same in accordance with law.
4. With the aforesaid observations, the petition is disposed
of as withdrawn. It is clarified that this Court has not
examined the merits of the matter.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 06/07/2026 17:51:42
Page 2 of 2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.